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Timis v Osipov [CA] 19.10.18 (Unreported)

Where an employee had been dismissed for making a protected disclosure, it was open to them to bring a claim under the Employment Rights Act 1996 s.47B(1A) against an individual co-worker for subjecting them to the detriment of dismissal and to bring a claim of vicarious liability for that act against the employer under s.47B(1B). All that was excluded by s.47B(2) was a claim against the employer in respect of its own act of dismissal. That provision did not bar recovery of compensation for losses flowing from a dismissal which was itself caused by a prior act of whistleblower detriment. Outcome: Appeal dismissed.

http://www.bailii.org/ew/cases/EWCA/Civ/2018/2321.html
Category: Employment » Dismissal; Vicarious liability; Whistleblowing. Area(s) of law: Employment.
Source: [2018] EWCA Civ 2321.

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